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1.0 Purpose
The purpose of this rule is to ensure that an accurate and complete record is kept of proceedings before the Commissioner and that transcription of the record complies with the Administrative Procedures Act and Liquor Control Act and is prepared in a timely manner for the purpose of appeal.
2.0 Applicability
This rule shall apply to all appeals, including extraordinary writs, contesting any rule or regulation adopted by the Commissioner. It shall also apply to all appeals of any decision, including extraordinary writs, affecting the denial or issuance of an alcoholic liquor license and the cancellation, suspension, or other administrative sanction imposed on a licensee.
3.0 Procedure
3.1 Immediately upon filing an appeal of any matter heard before the Commissioner, the appellant shall notify the Commissioner in writing of the need for a transcript.
3.2 The Commissioner’s staff shall make arrangements for the preparation of a transcript. The appellant shall pay the Commissioner's court reporter directly for the expense of transcribing the record and the cost of four (4) copies.
3.3 Upon payment, the court reporter shall forward the original transcript and four (4) copies to the Commissioner.
3.4 The Commissioner shall certify the transcript and file the original and one (1) copy with the court or the original and two copies with the Appeals Commission, as applicable. One (1) copy shall be retained by the Commissioner and placed in the licensee's file.
3.5 Failure by the appellant to pay the proper remittance directly to the court reporter will result in the Commissioner being unable to certify and file the transcript with the court or the Appeals Commission.
3.6 In summary, the cost of any transcript of record required by the Superior Court, the Appeals Commission or any other court on review of a decision of the Commissioner shall be borne by the party taking the appeal to the Superior Court or any other court. Such appellant shall be responsible for the costs of any transcript(s) required by the court(s), plus the cost of a copy for the licensee's file.
19 DE Reg. 775 (02/01/16)
All witnesses shall be sworn in all proceedings hereunder. The rules of evidence applicable to the Superior Court of the State of Delaware shall be followed insofar as practicable, provided, however, that evidence will be considered by the Commissioner which, in the Commissioner's opinion, possesses any probative value commonly accepted by reasonably prudent persons in the conduct of their affairs. The Commissioner may, in the Commissioner's discretion, disregard the customary rules of evidence and legal procedures.
Whenever, pursuant to the Constitution and laws of the State of Delaware, the Governor or Acting Governor of this State shall declare a state of emergency, call out the organized militia or any portion or individual thereof to execute or insure obedience to law, or declare a state of martial law, in this State, or any section thereof, all licensees licensed under the Liquor Control Act of the State of Delaware and the Rules of this Commissioner, shall upon notice from the Commissioner, announced publicly or delivered personally, be required to suspend further business under the licenses issued by the Commissioner until such time as the Commissioner shall determine and so inform said licensees that the proclamation of emergency or crisis as issued by the Governor or Acting Governor has been terminated, provided that the Commissioner shall specify the geographical limit in this State or any section thereof within which area said licensee shall be suspended.
If any rule of this Commissioner shall be declared invalid by a court of competent jurisdiction, all remaining rules shall remain valid and in full force and effect. If a portion of any rule of the Commissioner shall be declared invalid, the remaining portion of said rule shall remain valid and in full force and effect. This rule shall apply to all rules of the Commissioner, regardless of their dates of enactment.
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